PE 67 2024 INIT - en
PE 67 2024 INIT - en
MI 300
COMPET 322
CONSOM 106
POLCOM 102
ENFOCUSTOM 49
JAI 476
EMPL 117
SOC 209
UD 51
CODEC 802
of …
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114
and Article 207 thereof,
Having regard to the opinion of the European Economic and Social Committee1,
(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour
(ILO Convention No 29) of the International Labour Organization (ILO), forced labour
constitutes a serious violation of human dignity and fundamental human rights, contributes
to the perpetuation of poverty and stands in the way of the achievement of decent work for
all. The ILO declared the elimination of all forms of forced or compulsory labour as a
principle of fundamental rights. The ILO classifies ILO Convention No 29, including the
supplementing 2014 Protocol to Convention No 29 and the ILO Convention No 105 on the
abolition of forced labour (ILO Convention No 105) as fundamental ILO conventions and
issues recommendations to prevent, eliminate, and remedy forced labour, such as the
Forced Labour (Supplementary Measures) Recommendation No 203. The ILO has
developed several indicators used to identify and indicate cases of forced labour, such as
threats and actual physical and sexual harm, abuse of vulnerability, abuse of working and
living conditions and excessive overtime, deception, restriction of movement or
confinement to the workplace or a limited area, isolation, debt bondages, withholding
wages or excessive wage reduction, retention of passports and identity documents or threat
of denunciation to the authorities when the worker has an irregular immigration status.
Forced labour is very often linked to poverty and discrimination. The manipulation of
credit and debt, either by employers or by recruiting agents, is still a key factor that traps
vulnerable workers in forced labour situations. According to the ILO supervisory bodies,
prison labour, including where it is performed for private companies, does not in itself
constitute forced labour, provided that it is done on a voluntary basis, for the benefit of the
prisoner and is comparable to the conditions of a free labour relationship. Community
work as an alternative penal sanction to imprisonment should always be in the public
interest and should, under no circumstances, be abused by states as a means to degrade the
convicted person or deprive that person of their dignity. In cases in which work or service
is imposed by exploiting the worker’s vulnerability under the threat of a penalty, that threat
does not need to take the form of a penal sanction but might take the form of a loss of
rights or benefits.
(5) Through its policies and legislative initiatives, the Union seeks to eradicate the use of
forced labour and promote decent work and labour rights worldwide. The Union promotes
due diligence in line with international guidelines and principles established by
international organisations, including the ILO, the OECD and the United Nations, to
ensure that forced labour does not have a place in the supply chains of undertakings
established in the Union.
(6) Union trade policy supports the fight against forced labour in both unilateral and bilateral
trade relationships. The trade and sustainable development chapters of Union trade
agreements contain a commitment to ratify and effectively implement the fundamental ILO
conventions, which include ILO Convention No 29 and ILO Convention No 105, whereas
trade and gender provisions establish a gender lens that is essential for the economic
empowerment of women in order to combat gendered forced labour. Moreover, unilateral
tariff preferences under the Union’s Generalised Scheme of Preferences may be withdrawn
for serious and systematic violations of ILO Convention No 29 and
ILO Convention No 105.
(8) Directive 2011/36/EU of the European Parliament and of the Council3 harmonises the
definition of trafficking in human beings, including forced labour or services, and
establishes rules on minimum penalties. Any rules laid down concerning the prohibition of
placing and making available on the Union market domestic or imported products made
with forced labour, or exporting such products, and the obligation to ensure that such
products are withdrawn from the Union market (prohibition of products made with forced
labour), should be without prejudice to that Directive, and in particular to the competence
of law enforcement and judicial authorities to investigate and prosecute offences related to
trafficking in human beings, including labour exploitation.
3 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on
preventing and combating trafficking in human beings and protecting its victims, and
replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).
4 Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017
laying down supply chain due diligence obligations for Union importers of tin, tantalum and
tungsten, their ores, and gold originating from conflict-affected and high-risk areas
(OJ L 130, 19.5.2017, p. 1).
5 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023
concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation
(EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, p. 1).
6 Regulation (EU) 2023/1115 of the European Parliament and of the Council of 31 May 2023
on making available on the Union market as well as export from the Union of certain
commodities and products associated with deforestation and forest degradation and
repealing Regulation (EU) No 995/2010 (OJ L 150, 9.6.2023, p. 206).
(11) As a member of the World Trade Organisation (WTO), the Union is committed to
promoting a rules-based, open, multilateral trading system. Any measures introduced by
the Union that affect trade should be WTO compliant.
(12) In July 2021, the Commission and the European External Action Service published
guidance on due diligence for EU businesses to address the risk of forced labour in their
operations and supply chains.
7 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the
annual financial statements, consolidated financial statements and related reports of certain
types of undertakings, amending Directive 2006/43/EC of the European Parliament and of
the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182,
29.6.2013, p. 19).
8 Directive (EU) 2022/2464 of the European Parliament and of the Council
of 14 December 2022 amending Regulation (EU) No 537/2014, Directive 2004/109/EC,
Directive 2006/43/EC and Directive 2013/34/EU, as regards corporate sustainability
reporting (OJ L 322, 16.12.2022, p. 15).
(14) Core priorities of the Union, as enshrined in the EU Action Plan on Human Rights and
Democracy 2020–2024, include promoting decent work and a human-centred future of
work ensuring respect for fundamental principles and human rights, promoting social
dialogue, as well as the ratification and effective implementation of relevant ILO
conventions and protocols, strengthening responsible management in global supply chains
and access to social protection.
(15) In its resolutions of 9 June 2022 on a new trade instrument to ban products made by forced
labour9, of 17 December 2020 on forced labour and the situation of the Uyghurs in the
Xinjiang Uyghur Autonomous Region10 and of 16 December 2021 on forced labour in the
Linglong factory and environmental protests in Serbia11, the European Parliament strongly
condemned forced labour and called for a ban on products made with forced labour. It is
therefore a matter of public moral concern that products made with forced labour could be
available on the Union market or exported to third countries without an effective
mechanism to ban or withdraw such products.
(17) Currently there is no Union law that empowers Member States’ authorities to directly
detain, seize, or order the withdrawal of a product on the basis of a finding that it was
made, whether in whole or in part, with forced labour.
(18) In order to ensure the effectiveness of this Regulation, the prohibition of products made
with forced labour should apply to products for which forced labour has been used at any
stage of the production, manufacture, harvest or extraction of those products, including in
the working or processing related to such products. The prohibition of products made with
forced labour should apply to all products, of any type, including their components, and
should apply to products regardless of the sector, the origin, whether they are domestic or
imported, or placed or made available on the Union market or exported. This Regulation
does not apply to the provision of transport services.
(21) The definition of ‘forced labour imposed by state authorities’ should be aligned with ILO
Convention No 105, which specifically prohibits the use of forced labour or compulsory
labour as a means of political coercion or education or as punishment for the expression of
political views or views ideologically opposed to the established political, social or
economic system. It also prohibits the use of forced labour as a method of mobilising and
using it for the purposes of economic development, as a means of labour discipline, as a
punishment for having participated in strikes, or as a means of racial, social, national or
religious discrimination.
(24) The Commission and the competent authorities of the Member States should identify
violations of the prohibition of products made with forced labour. In designating the
competent authorities, Member States should ensure that those authorities have sufficient
human and financial resources and that their staff have the necessary competences and
knowledge, especially with regard to human rights, labour rights, gender equality, supply
chain management and due diligence processes. Competent authorities should coordinate
closely with national labour inspection authorities and judicial and law enforcement
authorities, including those responsible for the fight against trafficking in human beings in
such a way as to avoid jeopardising investigations by such authorities.
(26) Competent authorities and the Commission should be guided by the principle of
proportionality when implementing this Regulation. Competent authorities and the
Commission should ensure, in particular, that all the measures and actions carried out
during the preliminary phase of the investigation and during the investigation and those set
out in the decision are suitable and necessary to achieve the desired purpose and do not
impose an excessive burden on economic operators.
(28) The uniform enforcement of the prohibition of products made with forced labour entering
or leaving the Union market can only be achieved through a systematic exchange of
information and cooperation amongst competent authorities, customs authorities and the
Commission. Such information exchange and cooperation should be supported by
the Commission.
13 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019
on market surveillance and compliance of products and amending Directive 2004/42/EC and
Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
(32) Micro, small and medium-sized enterprises (SMEs) can have limited resources and ability
to ensure that the products they place or make available on the Union market are free from
forced labour. The Commission should therefore issue guidelines on due diligence in
relation to forced labour, which should also take into account the size and economic
resources of economic operators. In addition, the Commission should issue guidelines on
forced-labour risk indicators, including how to identify them, which should be based on
independent and verifiable information, including reports from international organisations,
in particular the ILO.
(34) The Commission should issue guidelines on how to engage in dialogue with competent
authorities in order to help economic operators, and in particular SMEs, as well as other
stakeholders, to comply with the prohibition of products made with forced labour.
Furthermore, the Commission should also issue guidelines to assist any person or
association in submitting information.
(35) Taking into account the variety of Union law dealing with forced labour issues, the
Commission should provide guidance for economic operators, in particular SMEs, on how
to apply the different obligations stemming from Union law.
(39) Whistleblowers can bring new information to the attention of competent authorities to help
them to detect breaches of this Regulation and enable them to take action. In order to
ensure that adequate arrangements are in place to enable whistleblowers to alert the
competent authorities to actual or potential breaches of this Regulation and to protect the
whistleblowers from retaliation, this Regulation should provide that Directive
(EU) 2019/1937 of the European Parliament and of the Council15 is applicable to the
reporting of breaches of this Regulation and to the protection of persons reporting such
breaches, insofar as they fall within the personal scope of that Directive.
(41) To ensure ease of access to relevant information regarding this Regulation, the
Commission should set up a single web portal at Union level, available to the public in all
official languages of the institutions of the Union.
(44) In order to increase the effectiveness of the prohibition of products made with forced
labour, competent authorities should grant reasonable time to economic operators to
identify, mitigate, prevent and bring to an end the risk of forced labour, taking into
account, inter alia, the complexity of the process and the number of stakeholders involved.
(46) The lead competent authority, when requesting information during the investigation,
should prioritise to the extent possible and consistent with the effective conduct of the
investigation, the economic operators under investigation that are involved in the steps of
the supply chain as close as possible to where the risk of forced labour is likely to occur
and take into account the size and economic resources of the economic operators and
quantity of products concerned, as well as the scale of suspected forced labour.
16 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024
on establishing a framework of measures for strengthening Europe’s net-zero technology
manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735,
28.6.2024, ELI: [Link]
17 Commission Recommendation (EU) 2023/2113 of 3 October 2023 on critical technology
areas for the EU’s economic security for further risk assessment with Member States
(OJ L, 2023/2113, 11.10.2023, ELI: [Link]
18 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024
establishing a framework for ensuring a secure and sustainable supply of critical raw
materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724
and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024,
ELI: [Link]
(50) In setting a reasonable time limit within which to comply with orders set out in a decision
establishing a violation of the prohibition of products made with forced labour, the lead
competent authority should take into account the size and economic resources of the
economic operators concerned.
(51) To ensure effective enforcement, decisions taken by a lead competent authority in one
Member State should be recognised and enforced by competent authorities in the other
Member States regarding products with the same identification information from the same
supply chain for which forced labour has been found.
(54) The effect on animal welfare should be considered when enforcing the prohibition of
placing and making available on the market or exporting products made using forced
labour in order to spare the animals concerned avoidable pain, distress or suffering. In
addition, this Regulation should be without prejudice to Union law regarding animal
welfare, such as Council Regulations (EC) No 1/200519 and (EC) No 1099/200920.
(59) The lead competent authority should take into due consideration the risk of disengagement
by economic operators who are either related to products or regions in the database, or who
have had their product removed from the Union market, as well as the consequences on
affected workers. The lead competent authority should therefore, where appropriate,
support economic operators in adopting and carrying out suitable and effective measures
for bringing forced labour to an end. Responsible disengagement includes complying with
collective agreements and articulating escalation measures.
(61) Where, in order to give effect to the prohibition of products made using forced labour, it is
necessary to process personal data pursuant to this Regulation, such processing should be
carried out in accordance with Union law on the protection of personal data. Any
processing of personal data under the prohibition of products made with forced labour
should be subject to Regulations (EU) 2016/67922 and (EU) 2018/172523 of the European
Parliament and of the Council.
22 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016
on the protection of natural persons with regard to the processing of personal data and on the
free movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation) (OJ L 119, 4.5.2016, p. 1).
23 Regulation (EU) 2018/1725 of the European Parliament and of the Council
of 23 October 2018 on the protection of natural persons with regard to the processing of
personal data by the Union institutions, bodies, offices and agencies and on the free
movement of such data, and repealing Regulation (EC) No 45/2001 and Decision
No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(63) The Commission should adopt immediately applicable implementing acts where, in duly
justified cases relating to the withdrawal of the decisions establishing that the prohibition
on the placing or making available or exporting of products made with forced labour has
been violated, imperative grounds of urgency so require.
(65) In order to ensure that the customs authorities are able to act effectively, the power to
adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in
respect of further specifying the additional information identifying the product concerned
that economic operators should make available or provide to the customs authorities as
regards products entering or leaving the Union market. That information should be
information identifying the product concerned, information about the manufacturer or the
producer and information about the product suppliers. Customs authorities need to be
enabled to obtain information rapidly on specific products identified in the decisions of the
lead competent authorities in order to take actions and measures effectively and swiftly. In
such cases, delegated acts should be adopted pursuant to an urgent procedure.
(67) The Commission should carry out an evaluation of the implementation and enforcement of
this Regulation and submit a report thereon to the European Parliament, the Council and
the European Economic and Social Committee. The report should assess the contribution
of this Regulation to the elimination of products made with forced labour from the Union
market and to the fight against forced labour as well as to the cooperation between
competent authorities and international cooperation to eliminate forced labour. The report
should also assess the impact of this Regulation on businesses, in particular SMEs, and on
victims, as well as the overall costs and benefits of the prohibition of products made with
forced labour. The report should further assess the alignment of this Regulation with other
relevant Union law.
(70) In order to allow for the prompt application of the measures provided for in this
Regulation, this Regulation should enter into force on the day following that of its
publication in the Official Journal of the European Union,
Article 1
Subject matter, objective and scope
1. This Regulation lays down rules prohibiting economic operators from placing and making
available on the Union market or exporting from the Union market products made with
forced labour in order to improve the functioning of the internal market, while contributing
to the fight against forced labour.
2. This Regulation does not cover the withdrawal of products which have reached end users
in the Union market.
3. This Regulation does not create additional due diligence obligations for economic
operators other than those already provided for in Union or national law.
Article 2
Definitions
(1) ‘forced labour’ means forced or compulsory labour as defined in Article 2 of ILO
Convention No 29, including forced child labour;
(3) ‘due diligence in relation to forced labour’ means efforts by economic operators to
implement mandatory requirements, voluntary guidelines, recommendations or practices to
identify, prevent, mitigate or bring to an end the use of forced labour with respect to
products that are to be placed or to be made available on the Union market or to be
exported;
(4) ‘making available on the market’ means any supply of a product for distribution,
consumption or use on the Union market in the course of a commercial activity, whether in
return for payment or free of charge;
(5) ‘placing on the market’ means the first making available of a product on the Union market;
(6) ‘product’ means any item that can be valued in money and is capable, as such, of being the
subject of commercial transactions, whether it is extracted, harvested, produced or
manufactured;
(7) ‘product made with forced labour’ means a product for which forced labour has been used
in whole or in part at any stage of its extraction, harvest, production or manufacture,
including in the working or processing related to a product at any stage of its supply chain;
(8) ‘supply chain’ means the system of activities, processes and actors involved at all stages
upstream of a product being made available on the market, namely the extraction,
harvesting, production and manufacturing of a product in whole or in part, including in the
working or processing related to the product at any of those stages;
(10) ‘manufacturer’ means any natural or legal person who manufactures a product or has a
product designed or manufactured, and markets that product under its name or trademark;
(11) ‘producer’ means the producer of agricultural products as referred to in Article 38(1) of the
Treaty on the Functioning of the European Union, or the producer of raw materials;
(12) ‘product supplier’ means any natural or legal person or association of persons in the supply
chain who extracts, harvests, produces or manufactures a product in whole or in part, or
intervenes in the working or processing related to a product at any stage of its supply
chain, as a manufacturer or in any other capacity;
(13) ‘end user’ means any natural or legal person residing or established in the Union to whom
a product has been made available either as a consumer outside of any trade, business, craft
or profession or as a professional end user in the course of its industrial or professional
activities;
(14) ‘importer’ means any natural or legal person or association of persons established within
the Union who places a product from a third country on the Union market;
(15) ‘exporter’ means an exporter as defined in Article 1, point (19), of Commission Delegated
Regulation (EU) 2015/244626;
(17) ‘lead competent authority’ means the authority responsible, pursuant to Article 15, for
assessing submissions of information, conducting investigations, and taking decisions,
namely a Member State competent authority or the Commission;
(18) ‘customs authorities’ means customs authorities as defined in Article 5, point (1), of
Regulation (EU) No 952/2013;
(19) ‘products entering the Union market’ means products from third countries intended to be
placed on the Union market or intended for private use or consumption within the customs
territory of the Union and to be placed under the customs procedure ‘release for free
circulation’;
(20) ‘products leaving the Union market’ means products to be placed under the customs
procedure ‘export’;
(21) ‘release for free circulation’ means the procedure laid down in Article 201
of Regulation (EU) No 952/2013;
(22) ‘export’ means the procedure laid down in Article 269 of Regulation (EU) No 952/2013.
Economic operators shall not place or make available on the Union market products that are made
with forced labour, nor shall they export such products.
Article 4
Distance sales
Products offered for sale online or through other means of distance sales shall be deemed to be
made available on the market if the offer is targeted at end users in the Union. An offer for sale
shall be considered to be targeted at end users in the Union if the relevant economic operator
directs, by any means, its activities to a Member State.
Article 5
Competent authorities
1. Each Member State shall designate one or more competent authorities to be responsible for
carrying out the obligations set out in this Regulation. Member State competent authorities
and the Commission shall work in close cooperation and be responsible for ensuring the
effective and uniform implementation of this Regulation throughout the Union.
2. Where a Member State has designated more than one competent authority, it shall clearly
demarcate their respective duties and establish communication and coordination
mechanisms that enable those authorities to collaborate closely and exercise their duties
effectively.
(a) the names, addresses and contact details of the competent authority or authorities;
and
Member States shall regularly update the information set out in points (a) and (b).
4. The Commission shall make the list of competent authorities publicly available on the
Forced Labour Single Portal referred to in Article 12 and shall regularly update that list,
based on the updates received from Member States.
5. Member States shall ensure that their competent authorities exercise their powers
impartially, transparently and with due respect for the obligations of professional secrecy.
Member States shall ensure that their competent authorities have the necessary powers,
expertise, and resources to carry out investigations, including sufficient budgetary
resources.
6. Member States shall ensure that their competent authorities coordinate closely and
exchange information with the relevant national authorities, such as labour inspection
authorities and judicial and law enforcement authorities, including those responsible for the
fight against trafficking in human beings, and the authorities designated by Member States
under Directive (EU) 2019/1937.
Chapter II
Governance
Article 6
Union Network Against Forced Labour Products
1. A Union Network Against Forced Labour Products (the Network) is hereby established.
2. The Network shall serve as a platform for structured coordination and cooperation between
the competent authorities of the Member States and the Commission, and for streamlining
the enforcement of this Regulation, within the Union, thereby making enforcement more
effective and coherent.
4. The Commission shall coordinate the work of the Network. A representative from the
Commission shall chair the meetings of the Network.
5. The secretariat of the Network shall be provided by the Commission. The secretariat shall
organise the meetings of the Network and provide it with technical and logistical support.
(d) upon request from the Commission, to contribute to the development of guidelines
referred to in Article 11;
(e) to facilitate and coordinate the collection and exchange of information, expertise and
best practices with regard to the implementation of this Regulation;
(f) to contribute to uniform risk-based approaches and administrative practices for the
implementation of this Regulation;
(g) to promote best practices in the application of penalties provided for in Article 37;
(h) to cooperate, as appropriate, with the relevant Commission services, Union bodies,
offices and agencies and Member State authorities on the implementation of
this Regulation,
(j) to facilitate the organisation of training and capacity building activities, regarding the
implementation of this Regulation, for the Commission and Union delegations in
third countries and competent authorities, customs authorities and other relevant
authorities of Member States;
(k) upon request from the Commission, to provide assistance to the Commission on the
development of a coordinated approach to engagement and cooperation with third
countries pursuant to Article 13;
(n) to promote and facilitate collaboration with regard to exploring possibilities for using
new technologies for the enforcement of this Regulation and the traceability of
products;
(o) to collect data on remediation linked to the decisions and evaluation of their
effectiveness.
9. The Network shall meet at regular intervals and, where necessary, at the duly motivated
request of the Commission or a Member State.
10. The Commission and the Member States shall ensure that the Network has the necessary
resources to carry out the tasks referred to in paragraph 7, including sufficient budgetary
resources.
Article 7
Information and communication systems
1. For the purposes of Chapters I, III, IV and V of this Regulation, the Commission and
competent authorities shall use the information and communication system referred to
in Article 34 of Regulation (EU) 2019/1020 in accordance with the implementing act
referred to in paragraph 7, point (a), of this Article. The Commission, competent
authorities and customs authorities shall have access to that system for the purposes of
this Regulation.
4. Requests and notifications between competent authorities and customs authorities pursuant
to Chapter V, Section II, as well as the ensuing messages shall be exchanged via the
information and communication system referred to in paragraph 1.
7. The Commission may adopt implementing acts to specify the procedural rules and the
details of the implementation arrangements for this Article, including:
(a) the functionalities, data elements and data processing, as well as the rules on the
processing of personal data, confidentiality and controllership of the information and
communication system referred to in paragraph 1;
(b) the functionalities, data elements and data processing, as well as the rules on the
processing of personal data, confidentiality and controllership for the interconnection
referred to in paragraph 3;
(c) the data to be transmitted, as well as the rules on its confidentiality and
controllership, in accordance with paragraph 6.
Those implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 35(2).
1. The Commission shall establish a database, with the assistance of external expertise if
needed. This database shall provide indicative, non-exhaustive, evidence-based, verifiable
and regularly updated information on forced labour risks in specific geographic areas or
with respect to specific products or product groups, including with regard to forced labour
imposed by state authorities. The database shall prioritise the identification of widespread
and severe forced labour risks.
The database shall not publicly disclose information that names economic operators
directly.
The database shall indicate specific economic sectors in specific geographic areas for
which there is reliable and verifiable evidence that forced labour imposed by state
authorities exists.
3. The Commission shall ensure that the database is easily accessible, including for persons
with disabilities, and made publicly available, in all official languages of the institutions of
the Union, by … [18 months after the date of entry into force of this Regulation].
1. The Commission shall set up a dedicated centralised mechanism for the submission of
information (single information submission point). The single information submission
point shall be available in all official languages of the institutions of the Union. It shall be
user-friendly and made available free of charge.
2. Information on alleged violations of Article 3 shall be submitted via the single information
submission point by any natural or legal person or any association that does not have a
legal personality. Submissions of information shall contain information on the economic
operators or products concerned, provide the reasons and evidence substantiating the
alleged violations, and where possible, supporting documents. The Commission may adopt
implementing acts to specify the procedural rules, templates and details in relation to those
submissions of information. Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 35(2).
3. The Commission shall discard any submissions of information to the single information
submission point that are manifestly incomplete, unfounded or made in bad faith and
distribute the retained submissions of information for assessment by the lead competent
authority according to the method for the allocation of investigations set out in Article 15.
4. The lead competent authority in charge of the assessment referred to in paragraph 3 shall
acknowledge receipt of the submission of information, diligently and impartially assess the
information and inform the natural or legal person or association concerned of the outcome
of the assessment of its submission of information as soon as possible.
6. In cases where there is a significant lapse of time between the submission of information to
the single information submission point and a decision to proceed with an investigation
pursuant to Chapter III, the lead competent authority shall, to the extent possible, consult
the person or association submitting the information to verify whether the situation has, to
the best of their knowledge, changed significantly.
7. Directive (EU) 2019/1937 shall apply to the reporting of breaches of this Regulation and
the protection of persons reporting such breaches.
Article 10
Support measures for SMEs
The Commission shall develop accompanying measures to support the efforts of economic
operators and their business partners in the same supply chain, in particular SMEs. Where
appropriate, information on those measures shall be made available through the Forced Labour
Single Portal referred to in Article 12.
Competent authorities shall designate contact points to provide information to SMEs regarding
matters related to the application of this Regulation. Those contact points may also provide
assistance to SMEs on those matters.
Member States’ competent authorities may also organise training sessions for economic operators
on forced labour risk indicators and on how to engage in dialogue with those competent authorities
throughout an investigation.
(a) guidance for economic operators on due diligence in relation to forced labour, including
forced child labour, which shall take into account applicable Union and national law,
setting out due diligence requirements with respect to forced labour, guidelines and
recommendations from international organisations, as well as the size and economic
resources of economic operators, different types of suppliers along the supply chain, and
different sectors;
(b) guidance for economic operators on best practices for bringing to an end and remediating
different types of forced labour;
(c) guidance for competent authorities on the practical implementation of this Regulation, in
particular Articles 8, 17 and 18, including benchmarks for assisting competent authorities
in their risk-based assessments in the context of investigations and guidelines on the
applicable standard of evidence;
(d) guidance for customs authorities and economic operators on the practical implementation
of Article 27 and, where appropriate, any other provision laid down in Chapter V,
Section II;
(f) guidance for economic operators on due diligence in relation to forced labour imposed by
state authorities;
(g) guidance for economic operators and product suppliers on how to engage in dialogue with
competent authorities pursuant to Chapter III, in particular on the type of information to be
submitted;
(i) guidance for Member States on the method for calculating financial penalties and the
applicable thresholds;
(j) further information to facilitate the competent authorities’ implementation of and the
economic operator’s compliance with this Regulation.
The guidance referred to in points (a), (b) and (f), shall focus in particular on assisting SMEs to
comply with this Regulation.
The guidelines referred to in the first paragraph shall be consistent with guidelines provided in
accordance with other relevant Union law.
The Commission shall establish and regularly update a single website (Forced Labour Single
Portal), making available to the public, in the same place and in all the official languages of the
institutions of the Union, the following items:
(a) the names, addresses and contact details of the competent authorities;
(d) a list of publicly available information sources of relevance for the implementation of this
Regulation, including sources which make disaggregated data available on the impact and
victims of forced labour, such as gender-disaggregated data or data about forced child
labour, allowing age and gender-specific trends to be identified;
1. In order to facilitate the effective implementation and enforcement of this Regulation, the
Commission shall, as appropriate, cooperate and exchange information with the authorities
of third countries, international organisations, civil society representatives, trade unions,
business organisations and other relevant stakeholders.
2. International cooperation with the authorities of third countries shall take place in a
structured way, for example in the context of existing dialogues with third countries, such
as human rights and political dialogues, dialogues on the implementation of the trade and
sustainable development commitments of trade agreements or the Generalised Scheme of
Preferences, and Union development cooperation initiatives. If necessary, specific
dialogues may be created on an ad hoc basis. International cooperation may involve
exchanges of information on forced labour risk areas or products, of best practices for
bringing forced labour to an end, and of information on decisions to ban products,
including their reasons and evidence, in particular with third countries that have similar
legislation in place.
3. For the purposes of paragraph 2, the Commission and Member States may consider the
development of cooperation initiatives and accompanying measures to support the efforts
of economic operators, in particular SMEs, as well as civil society organisations, social
partners and third countries to tackle forced labour and its root causes.
Article 14
Risk-based approach
1. The Commission and the competent authorities of Member States shall follow a risk-based
approach when assessing the likelihood of a violation of Article 3, when initiating and
conducting the preliminary phase of the investigations and when identifying the products
and economic operators concerned.
2. In their assessment of the likelihood of a violation of Article 3, the Commission and the
competent authorities shall use the following criteria, as appropriate, in order to prioritise
products suspected to have been made with forced labour:
(a) the scale and severity of the suspected forced labour, including whether forced labour
imposed by state authorities could be a concern;
(b) the quantity or volume of products placed or made available on the Union market;
(c) the share of the part of the product suspected to have been made with forced labour
in the final product.
(a) information and decisions encoded in the information and communication system
referred to in Article 7(1), including any previous cases of compliance or
non-compliance of an economic operator with Article 3;
(c) the risk indicators and other information pursuant to Article 11, point (e);
(e) information received by the Commission or the competent authority from other
authorities relevant for the implementation of this Regulation, such as
Member States’ due diligence, labour, health or fiscal authorities, on the products
and economic operators under assessment;
(f) any issues arising from meaningful consultations with relevant stakeholders, such as
civil society organisations and trade unions.
Article 15
Allocation of investigations
1. Where the suspected forced labour is taking place outside the territory of the Union, the
Commission shall act as the lead competent authority.
2. Where the suspected forced labour is taking place in the territory of a Member State, a
competent authority of that Member State shall act as the lead competent authority.
Article 16
Coordination of investigations and mutual assistance
1. The Commission and competent authorities shall cooperate closely with each other and
provide each other with mutual assistance in order to implement this Regulation in a
consistent and efficient manner.
3. The lead competent authority shall, at any time and without undue delay, communicate via
the information and communication system referred to in Article 7(1) in the event that it
discovers new information about suspected forced labour taking place in a territory for
which it is not competent pursuant to Article 15.
4. The lead competent authority may request the support of other relevant competent
authorities. This may include requesting support in order to contact economic operators
whose place of establishment is within the territory of that Member State or whose
language of operation is that of a Member State. Other competent authorities that have an
interest in the investigation may request to be closely involved in the investigation.
5. A competent authority that has received, through the information and communication
system referred to in Article 7(1), a request for information from another competent
authority shall provide an answer within 20 working days of the date of receipt of the
request.
6. The competent authority that has received a request for information may ask the requesting
competent authority to complement the information contained in the request if it concludes
that the information provided initially is not sufficient.
7. The competent authority that has received a request for information may refuse to comply
with that request only if it demonstrates that complying with the request would
substantially impair the execution of its own activities.
1. Before initiating an investigation in accordance with Article 18(1), the lead competent
authority shall request information from the economic operators under assessment and,
where relevant, other product suppliers, on the relevant actions they have taken in order to
identify, prevent, mitigate, bring to an end or remediate risks of forced labour in their
operations and supply chains with respect to the products under assessment, including on
the basis of any of the following, unless it would jeopardise the outcome of the assessment:
(a) applicable Union or national law setting out due diligence and transparency
requirements with respect to forced labour;
(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other
relevant international organisations, in particular guidelines and recommendations
relating to geographic areas, production sites and economic activities in certain
sectors in which there are systematic and widespread forced labour practices;
(d) any other meaningful due diligence or other information in relation to forced labour
in their supply chain.
2. Economic operators shall respond to the request referred to in paragraph 1 of this Article
within 30 working days of the day they received such request. Economic operators may
provide any other information they may deem useful for the purposes of this Article.
Where necessary, economic operators may request support from a contact point referred to
in Article 10, on how to engage with the lead competent authority.
3. Within 30 working days from the date of receipt of the information submitted by economic
operators pursuant to paragraph 2 of this Article, the lead competent authority shall
conclude the preliminary phase of its investigation regarding whether there is a
substantiated concern that there has been a violation of Article 3, on the basis of the
assessment referred to in Article 14(3) and the information submitted by economic
operators pursuant to paragraph 2 of this Article.
4. Notwithstanding paragraph 3 of this Article, the lead competent authority may conclude
that there is a substantiated concern that there has been a violation of Article 3 on the basis
of any other facts available, where a lead competent authority has refrained from
requesting information in accordance with paragraph 1 of this Article or in the situations
referred to in Article 20(2), points (a) to (e).
6. The lead competent authority shall communicate, through the information and
communication system referred to in Article 7(1), the outcome of its assessment pursuant
to paragraph 5 of this Article.
Article 18
Investigations
1. The lead competent authority that determines, pursuant to paragraphs 3 or 4 of Article 17,
that there is a substantiated concern that there has been a violation of Article 3, shall
initiate an investigation on the products and economic operators concerned and inform the
economic operators subject to the investigation, within 3 working days of the date of the
decision to initiate such investigation, of the following:
(a) the initiation of the investigation and the possible consequences thereof;
(d) the right of the economic operators to submit documents or information to the lead
competent authority, and the date by which such information is to be submitted.
2. The lead competent authority shall communicate, through the information and
communication system referred to in Article 7(1), that an investigation has been initiated
pursuant to paragraph 1 of this Article.
3. Where requested by the lead competent authority, economic operators under investigation
shall submit any information that is relevant and necessary for the investigation, including
information identifying the products under investigation and, where appropriate,
identifying the part of the product to which the investigation should be limited, as well as
the manufacturer, producer, product supplier, the importer or the exporter of those products
or parts thereof. In requesting such information, the lead competent authority shall, to the
extent possible, prioritise the economic operators under investigation involved in the steps
of the supply chain as close as possible to where the forced labour is likely occurring, and
take into account the size and economic resources of the economic operators, in particular
whether the economic operator is an SME, the quantity of products concerned, the
complexity of the supply chain, as well as the scale of suspected forced labour. Where
necessary, economic operators may request support from a contact point referred to
in Article 10 on how to engage with the lead competent authority.
5. The lead competent authority may collect information from or interview any relevant
natural or legal person who consents to be interviewed for the purpose of collecting
information relating to the subject matter of the investigation, including relevant economic
operators or any other stakeholders.
6. The lead competent authority may, where necessary, carry out all necessary checks and
inspections in accordance with Article 19.
1. In exceptional situations where the lead competent authority deems it necessary to conduct
field inspections, it shall do so taking into consideration where the risk of forced labour is
located.
2. Where the risk of forced labour is located in the territory of the Member State, the lead
competent authority may conduct its own inspections, in accordance with national law in
compliance with Union law. If necessary, the lead competent authority may request
cooperation from other national authorities relevant for the implementation of this
Regulation, such as labour, health or fiscal authorities.
3. Where the risk of forced labour is located outside the territory of the Union, the
Commission acting as lead competent authority may carry out all necessary checks and
inspections provided that the economic operators concerned give their consent and that the
government of the third country in which the inspections are to take place has been
officially notified and raises no objection. The Commission may request assistance from
the European External Action Service, as appropriate, to facilitate such contacts.
Article 20
Decisions regarding the violation of Article 3
1. The lead competent authority shall assess all information and evidence gathered pursuant
to Chapter III, and, on that basis, establish whether the products, that have been placed or
made available on the market or are being exported, are in violation of Article 3, within a
reasonable period of time from the date it initiated the investigation pursuant to
Article 18(1). The lead competent authority shall endeavour to adopt the decision referred
to in paragraph 4 of this Article or close the investigation within 9 months from the date it
initiated the investigation.
2. Notwithstanding paragraph 1 of this Article, the lead competent authority may establish
that Article 3 has been violated on the basis of any other facts available where it was not
possible to gather information and evidence pursuant to Article 17(1) and Article 18(3), in
particular where, in response to a request for information, an economic operator or a public
authority:
(b) fails to provide the information requested within the time limit prescribed without a
valid justification;
(e) otherwise impedes the investigation, including when a risk of forced labour imposed
by state authorities is identified during the preliminary phase of the investigation or
during the investigation.
3. Where the lead competent authority cannot establish that the products concerned have been
placed or made available on the market or are being exported in violation of Article 3, it
shall close the investigation and inform the economic operators that have been subject to
the investigation thereof. It shall also inform all other competent authorities through the
information and communication system referred to in Article 7(1). Closing the
investigation shall not preclude the initiation of a new investigation into the same product
and economic operator in the case of new relevant information.
4. Where the lead competent authority establishes that the products concerned have been
placed or made available on the market or are being exported in violation of Article 3, it
shall, without delay, adopt a decision containing:
(a) a prohibition on the placing or making available of the products concerned on the
Union market and on exporting them;
(c) an order requiring the economic operators that have been subject to the investigation
to dispose of the products concerned in accordance with Article 25 or, if parts of the
product which are found to be in violation of Article 3 are replaceable, an order
requiring those economic operators to dispose of those parts of that product.
Where relevant, the prohibition referred to in point (a) of the first subparagraph and the
order referred to in point (c) of the first subparagraph shall identify the parts of the product
found to be in violation of Article 3, that must be replaced in order for the product to be
placed or made available on the market or exported.
5. By way of derogation from paragraph 4, first subparagraph, point (c), and, where
appropriate, in order to prevent disruptions to a supply chain of strategic or critical
importance for the Union, the lead competent authority may refrain from imposing an
order to dispose of the product concerned pursuant to paragraph 4. The lead competent
authority may instead order that the product concerned be withheld for a defined period of
time, which shall be no longer than the time necessary to eliminate forced labour with
regard to the product concerned, at the cost of the economic operators.
If economic operators do not demonstrate, during that period of time, that they have
eliminated forced labour from the supply chain with regard to the product concerned,
without changing that product and by bringing to an end the forced labour identified in the
decision referred to in paragraph 4, point (c) of that paragraph shall apply.
6. Where the Commission acts as the lead competent authority, the decision referred to in
paragraph 4 of this Article shall be adopted by means of an implementing act. Such
implementing acts shall be adopted in accordance with the examination procedure referred
to in Article 35(2).
7. The lead competent authority shall notify the decision referred to in paragraph 4 of this
Article to all of the economic operators it is addressed to and communicate it to all
competent authorities and, where applicable, to the Commission through the information
and communication system referred to in Article 7(1).
1. The lead competent authority shall allow economic operators affected by a decision
referred to in Article 20 to request a review of that decision at any time. The request for a
review shall contain information which demonstrates that the products are placed or made
available on the market or are to be exported in compliance with Article 3. That
information shall contain new substantial information that was not brought to the attention
of the lead competent authority during the investigation.
2. The lead competent authority shall take a decision on the request referred to in paragraph 1
within 30 working days of the receipt of that request.
3. Where economic operators have demonstrated that they have complied with the decision
referred to in Article 20, and that they have eliminated forced labour from their operations
or supply chain with respect to the products concerned, the lead competent authority shall
withdraw its decision for the future, inform the economic operators and remove it from the
Forced Labour Single Portal.
5. Economic operators that have been affected by a decision referred to in Article 20 of a lead
competent authority of a Member State shall have access to a court or tribunal to review
the procedural and substantive legality of the decision.
6. Paragraph 5 is without prejudice to any provision of national law which requires that
administrative review procedures be exhausted prior to recourse to judicial proceedings.
(a) the findings of the investigation and the information and evidence underpinning the
findings;
(b) reasonable time limits for the economic operators to comply with the orders, which
shall not be less than 30 working days; in the case of perishable goods, animals and
plants, the time limit shall not be less than 10 working days; when setting the time
limits, the lead competent authority shall take into account the economic operator’s
size and economic resources, including whether the operator is an SME, the share of
the part of the product and whether it is replaceable; the time limits shall be
proportionate to the time needed to comply with the different orders and no longer
than necessary;
(c) all relevant information, in particular the details allowing the identification of the
product to which the decision applies, including details about the manufacturer,
producer, the product suppliers, the importer, the exporter and, where appropriate,
the production site;
(d) where available and applicable, information required under customs legislation as
defined in Article 5, point 2, of Regulation (EU) No 952/2013;
Chapter V
Enforcement
SECTION I
COMPETENT AUTHORITIES
Article 23
Enforcement of decisions
1. Where, within the reasonable time limit referred to in Article 22(1), point (b), an economic
operator has failed to comply with the decision referred to in Article 20, the competent
authorities shall be responsible for the enforcement of that decision and shall ensure all of
the following:
(a) the prohibition on the placing or making available of the products concerned on the
Union market and on the export of them;
(c) the disposal of withdrawn products and products remaining with the economic
operator in accordance with Article 25, at the expense of that economic operator;
(d) the restriction of access to the products concerned and to listings referring to those
products by requesting the relevant third party to implement such restriction.
2. If the economic operator has failed to comply with the decision referred to in Article 20,
the competent authority shall impose either directly, in cooperation with other authorities,
or by way of an application to the competent judicial authorities, penalties on the economic
operator concerned pursuant to Article 37.
Article 24
Withdrawal and disposal of products made with forced labour
1. An order to withdraw and dispose of products placed or made available on the Union
market pursuant to Article 20(4) of this Regulation shall be communicated, through the
information and communication system referred to in Article 7(1) of this Regulation, to the
market surveillance authorities referred to in Article 10 of Regulation (EU) 2019/1020 and
any other relevant authorities for the products concerned.
Article 25
Manner of disposal of products made with forced labour
In line with the waste hierarchy set out in Directive 2008/98/EC of the European Parliament and of
the Council27, economic operators and the Member States competent authorities responsible for the
disposal of products, as required by Article 20(4), point (c), and Article 23(1), point (c), of this
Regulation, respectively, shall dispose of those products by recycling them or, when that is not
possible, by rendering those products inoperable. Perishable products, shall be donated for
charitable or public interest purposes or, when that is not possible, be rendered inoperable.
27 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008
on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Article 26
Controls by customs authorities
1. Products entering or leaving the Union market shall be subject to the controls and measures
laid down in this Section.
2. The application of this Section is without prejudice to any other Union legal act governing
customs risk management, customs controls and the release of goods for free circulation
and export, in particular Regulation (EU) No 952/2013.
3. The lead competent authority shall, without delay, communicate to the customs authorities
of Member States decisions referred to in Article 20 to prohibit the placing or making
available of products on the Union market and their export.
5. The lead competent authority shall, without delay, communicate to the customs authorities
of Member States any withdrawal of, as well as any changes to a decision pursuant to a
review in accordance with Article 21.
2. The person intending to place a product, covered by a delegated act adopted pursuant to
paragraph 1 of this Article, under the customs procedures ‘release for free circulation’ or
‘export’ shall provide or make available to customs authorities information identifying the
product, information about the manufacturer or the producer and information about the
product suppliers, unless the provision of such information is already required pursuant to
customs legislation referred to in Article 5, point 2, of Regulation (EU) No 952/2013.
3. The Commission may adopt implementing acts specifying the detailed arrangements for
implementing paragraphs 1 and 2 of this Article, and defining the details of the information
to be provided or made available to customs authorities pursuant to paragraph 2 of
this Article. Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 35(2).
Article 28
Suspension
Where customs authorities identify, through their relevant risk management system, that a product
entering or leaving the Union market might, according to a decision communicated pursuant to
Article 26(3), be in violation of Article 3, they shall suspend the release of that product for free
circulation or export. Customs authorities shall immediately notify the competent authorities of
their Member State of that suspension and transmit all relevant information to enable them to
establish whether the product is covered by a decision communicated pursuant to Article 26(3).
1. Where the release for free circulation or the export of a product has been suspended in
accordance with Article 28, that product shall be released for free circulation or exported
where all the other requirements and formalities relating to such a release or export have
been fulfilled and where either of the following conditions is satisfied:
(a) within 4 working days of the suspension, if the competent authorities have not
requested the customs authorities to maintain the suspension; in case of perishable
products, animals and plants that time limit shall be 2 working days;
(b) the competent authorities informed the customs authorities of their approval for
release for free circulation or export pursuant to this Regulation.
2. The release for free circulation or export pursuant to paragraph 1 shall not be deemed proof
of compliance with Union law and, in particular, with this Regulation.
Article 30
Refusal to release for free circulation or export
1. Where the competent authorities conclude that a product, which has been notified to them
in accordance with Article 28, is a product made with forced labour pursuant to a decision
referred to in Article 20, they shall require customs authorities not to release it for free
circulation or to allow its export.
‘Product made with forced labour – release for free circulation/export not authorised –
Regulation (EU) …+’.
3. Where the release for free circulation or export of a product has been refused in accordance
with paragraph 1, customs authorities shall dispose of that product in accordance with
national law in compliance with Union law.
4. Upon the request of a competent authority, and on behalf and under the responsibility of
that competent authority, customs authorities may alternatively seize the product the
release for free circulation or export of which has been refused and put it at the disposal of
and under the authority of that competent authority. In such cases, that competent authority
shall take the necessary measures to ensure that the product concerned is disposed of in
accordance with Article 25.
+ OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 67/24 (2022/0269(COD)).
1. To enable a risk-based analysis of products entering or leaving the Union market and to
ensure that controls are effective and performed in accordance with the requirements of
this Regulation, the Commission, competent authorities and customs authorities shall
cooperate closely and exchange risk-related information. To that end, the Commission
shall take on a coordination role.
2. Cooperation among authorities and exchange of risk-related information necessary for the
fulfilment of their functions under this Regulation, including through electronic means,
shall take place in accordance with Regulation (EU) No 952/2013:
Chapter VI
Final provisions
Article 32
Confidentiality
1. The competent authorities shall only use information received pursuant to this Regulation
for the purpose of applying this Regulation, unless otherwise required by Union or national
law in compliance with Union law.
3. Paragraph 2 shall not preclude the Commission from disclosing general information in a
summary form, provided such general information does not contain any information which
allows the identification of the provider of the information. Such disclosure of general
information in a summary form shall take into account the legitimate interest of the parties
concerned in preventing the disclosure of confidential information.
Article 33
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 27(1) shall be conferred on the
Commission for an indeterminate period of time from … [date of entry into force of
this Regulation].
3. The delegation of power referred to in Article 27(1) may be revoked at any time by the
European Parliament or by the Council. A decision to revoke shall put an end to the
delegation of the power specified in that decision. It shall take effect the day following the
publication of the decision in the Official Journal of the European Union or at a later date
specified therein. It shall not affect the validity of any delegated acts already in force.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the
European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 27(1) shall enter into force only if no objection
has been expressed either by the European Parliament or by the Council within a period
of 2 months of notification of that act to the European Parliament and the Council or if,
before the expiry of that period, the European Parliament and the Council have both
informed the Commission that they will not object. That period shall be extended
by 2 months at the initiative of the European Parliament or of the Council.
Article 34
Urgency procedure
1. Delegated acts adopted under this Article shall enter into force without delay and shall
apply as long as no objection is expressed in accordance with paragraph 2. The notification
of a delegated act to the European Parliament and to the Council shall state the reasons for
the use of the urgency procedure.
Article 35
Committee procedure
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall
apply.
Article 36
Amendment to Directive (EU) 2019/1937
In Part I.C.1 of the Annex to Directive (EU) 2019/1937, the following point is added:
‘(iv) Regulation (EU) …/… of the European Parliament and of the Council of … on prohibiting
products made with forced labour on the Union market and amending
Directive (EU) 2019/1937 (OJ L …)+.’.
+ OJ: Please insert in the text the number, the date of adoption and publication reference of the
Regulation contained in document PE-CONS 67/24 (2022/0269(COD)).
1. Member States shall lay down the rules on penalties applicable to economic operators for
non-compliance with a decision referred to in Article 20 and shall take all measures
necessary to ensure that they are implemented in accordance with national law.
2. The penalties provided for shall be effective, proportionate and dissuasive. Competent
authorities shall ensure that the penalties referred to in paragraph 1 give due regard to the
following, as applicable:
(a) the gravity and duration of the non-compliance with a decision referred to
in Article 20;
(b) any relevant previous non-compliance with a decision referred to in Article 20 by the
economic operator;
(d) any other mitigating or aggravating factor applicable to the circumstances of the
case, such as financial benefits, gains or losses avoided, directly or indirectly, from
the non-compliance with a decision referred to in Article 20.
3. Member States shall, by … [24 months from the date of entry into force of this
Regulation], notify the Commission of those rules and of those measures, and shall notify
it, without delay, of any subsequent amendment affecting them.
Article 38
Evaluation and review
1. By … [5 years from the date of entry into force of this Regulation] and every 5 years
thereafter, the Commission shall carry out an evaluation of the enforcement and the
implementation of this Regulation. The Commission shall present a report on the main
findings to the European Parliament, the Council and to the European Economic and Social
Committee. The evaluation shall in particular include an assessment of:
(a) whether the mechanism in place effectively contributes to the objective of this
Regulation, as set out in Article 1;
(b) the cooperation between competent authorities, including within the Network, as
well as all other relevant authorities in applying this Regulation;
(f) the overall costs and benefits and the effectiveness of the prohibition.
2. The report shall also assess whether the scope needs to be enlarged to include services
ancillary to the extraction, harvesting, production or manufacturing of products.
3. As part of the assessment under paragraph 1, point (a), the report shall cover the impact of
this Regulation on victims of forced labour, with particular regard to the situation of
women and children. The assessment of this impact shall be based on regular monitoring
of information from international organisations and relevant stakeholders.
4. In its report, the Commission shall further assess the need for a specific mechanism to
address and remediate forced labour, including an impact assessment for the
implementation of such a mechanism.
This Regulation shall enter into force on the day following that of its publication in the Official
Journal of the European Union.
It shall apply from … [36 months from the date of entry into force of this Regulation].
However, Articles 5(3), 7, 8, 9(2), 11, 33, 35 and 37(3) shall apply from … [date of entry into force
of this Regulation].
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,